In article ws.com, "Phil
Kane" writes:

On 29 Jan 2005 15:31:01 GMT, N2EY wrote:

OK, how about this one - actually had this discussion with a lawyer
back in the old analog-cordless-phone days(!):

Drug dealer operates out of a house unsuspected by neighbors because the
operation is so well concealed. But the dealer makes a mistake and gets
one of those first-generation no-security cordless phones

And the rest of the question ??

Hit the send key too fast. Sorry.

Taking a WAG, in "the old days" it was not unlawful to intercept and
use as evidence the conversations from the base unit of a cordless
phone - no warrant was necessary. The (Federal) ECPA was amended a
number of years ago to require a warrant for the above, same as for
cellphone conversations.

He claimed that listening in on the conversation was the same as wiretapping,
and since there was no warrant for a wiretap, the evidence was all illegally
obtained and none of it could be used.

I said that the radio signals were not legally protected in any way, because
the Communications Act does not authorize the use of the radio spectrum for
illegal purposes. I also said that wiretapping involves connection to the
common carrier's equipment, and the customer-phone company contract specified
privacy of communications, while the radiating cordless phone is customer-owned
and no such privacy is contracted or even implied.

Also, I made the following analogy:

Suppose it is a quiet night in comfortable weather. Everyone in the
neighborhood has their windows wide open. Suppose Neighbor A, on his own
property, overhears Neighbor B, on *her* own property, discussing a drug deal
or other illegal act. Neighbor B doesn't realize how loud she is talking and
how well she can be heard across property lines. Is that evidence admissible?
Or is Neighbor A supposed to plug his ears and shout "lalala I can't hear you"?


My layman's guess is that, today, such an overheard conversation could only be
used to get a warrant.

73 de Jim, N2EY